도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On September 21, 2012, the Defendant was sentenced to a fine of KRW 4 million on the grounds of the violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch on September 21, 2012.
【Criminal Facts】
On July 13, 2019, the Defendant had been punished for a violation of the Road Traffic Act (driving) as seen above, but driven a Frophid vehicle at approximately 120 meters away from the front of the head office to the E-month in front of the cafeteria located in Daegu Western-gu, Daegu-gu, under the influence of alcohol concentration of 0.203% under the influence of alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation reports (Application of the Madmark);
1. Occurrence of a suspected violation of the Road Traffic Act, reporting on the autopsy of a suspected person, notification of the results of the regulation of drunk driving, report on the circumstantial statement of a drinking driver, and response to requests for appraisal;
1. Previous convictions: Application of criminal records and investigation reports (limited to previous convictions and attachment of judgment) and Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Although the reason for sentencing under Article 62(1) of the Criminal Act, despite the fact that the defendant was sentenced to a fine once due to drunk driving, he/she also drives under the influence of alcohol, and the fact that drinking alcohol is high, etc. is disadvantageous.
However, considering the fact that the defendant confessions the crime of this case and repents his mistake, there is no record of punishment exceeding the fine, and the age, character and conduct, environment, family relationship, means and result of the crime of this case, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime.